Dustex Corporation Seeks to Vacate $3.4 Million Arbitration Ruling with Claims of Confused, Sleeping Judge
Dustex Corporation has asked a Federal Court to vacate a recent arbitration ruling against them totaling $3.4 million in damages based on their claims that the retired judge overseeing the arbitration process was hard of hearing, fell asleep frequently during proceedings and was often confused.
Dustex was hired by Miron Construction in 2006 to supply a Baghouse, a piece of equipment that reduces emissions, at an environmental upgrade project at a coal-fired power plant in 2006. The utility that runs the plant sued Dustex, claiming the baghouse never worked properly. Miron Construction counter-claimed that it was owed money for the work and the case went into arbitration.
Retired Judge Marshall P. Young, 76, was chosen to head a three-person arbitration panel. Dustex officers including the President of the company have filed affidavits in the case describing a frequently confused man who missed testimony and objections due to an inability to hear, fell asleep for twenty minutes at one point during testimony, and never took notes during any of the proceedings.
Young could not be reached for comment.